Wednesday, July 2, 2014

Over
week ago, the majority judges of the Federal Court dealt the non-Muslim
population of this country a devastating blow by handing down a political
decision to refuse the Catholic church leave to appeal the Court of Appeal’s
decision that banned the use of the word ‘Allah’ by Christians. My
disappointment in the majority judges is beyond words; that they would chose
the politically expedient path rather than the path of justice and fairness
sends a deeply troubling message to Malaysians, especially those of us in the Borneo
states. What is left for us when the last bastion of our protection shuts its
doors in our faces?

As a
lawyer, it was obvious to me that this case merited an appeal to the Federal
court as it involved a novel issue which could impact public policy, and thus
needed to be given proper substantive hearing and considered deliberation by a
panel of fair-minded judges. By refusing leave, the highest court of the land
has not only let us down, but it has also succeeded in lowering the estimation
of the Malaysian judiciary in the eyes of many.

In
the wake of the Federal Court’s decision, the UMNO apologists have again
parroted their meaningless assurances that the decision will not affect
Sarawakians and Sabahans, while an emboldened MAIS/JAIS have declared their
intention to continue seizing our Bahasa Malaysia bibles.

Let
me state again that the Court of Appeal’s decision now stands as a legal
precedent, no matter what assurances are given to try to placate Sarawakians
and non-Muslims. Does the declaration by the emboldened MAIS/JAIS that they will
continue to seize our bibles not affect Sarawakians and Sabahans? Are the
Ministers still going to tell us the decision is confined to the Herald? Can
they not see the falsity of their words? The court has effectively criminalized
the practice of their religion by the Malay-speaking Christians of this country
and opened up the way for persecution of Christians by the ultra Muslims and
the Islamic authorities. Of what use is the 10-point solution now?

I do
appreciate the words of our Chief Minister that ‘this will not be a problem for
us’, and I commend him for speaking up for Sarawakians. I believe he is sincere
in his intention to keep his word as long as he is the Chief Minister. But I remain
unconvinced that Sarawakians are unaffected. There have been incidences in
Sarawak, such as the hold-up of the Al-Kitab at Kuching Ports in 2008 and 2011,
and the raids carried out in Christian bookshops in Sarawak by the Islamic
authorities. Yes, I know these happened before Tan Sri Adenan became the Chief
Minister. But it happened even when there is no state law in Sarawak that
prohibits the use of such words unlike in other States in Malaysia. The Chief
Minister may have the best of intentions, making clear his personal stand, but
let us not forget that the Agong is the head of Islam in Sabah and Sarawak by
virtue of Article 4A of the Sarawak Constitution. The members of Majlis Islam
Sarawak and their administrative arm Jabatan Agama Islam Sarawak (JAIS) are
appointed by the Agong and are therefore answerable to the Agong, and not the
Chief Minister. As stated in section 3 of the Majlis Islam Sarawak Ordinance
2001, the Majlis is set up to ‘aid and advise the Yang di-Pertuan Agong in
matters relating to Islam in the State, …’. The members of the Majlis are
appointed by the Agong on the recommendation of the Governor (section 11) and
the power to revoke appointments vests in the Agong (section 13). The Chief
Minister appears to have no say in the affairs of the Majlis and JAIS.

JAKIM,
which has branches in Sarawak, is a unit under the Prime Minister’s Department,
and presumably, they are answerable to the Prime Minister and not to our Chief
Minister.

Sarawakians
should bear in mind the fact that the Agong had said in his birthday speech in
January this year that several words including the word ‘Allah’ were the
exclusive rights of Muslims. Whether he said this in his capacity as the Sultan
of Kedah or the Agong is irrelevant. What is relevant is the fact that he is
the head of Islam in Sarawak.

In
view of the uncertainty of this matter, I wish to seek clarification from the
Chief Minister as to whether JAIS and JAKIM in Sarawak need to seek his
approval for any action they may wish to take which may infringe on the rights
of non-Muslims in Sarawak. If the Agong as head of Islam in Sarawak decrees
that Christians are prohibited from using certain words, whose words would
prevail, the Chief Minister’s or the Agong’s? At the same time, I would like
the Sarawak Majlis Islam, JAIS and JAKIM heads to make a stand on this issue. Will
they back up the Chief Minister’s statement that Christians are free to use the
word ‘Allah’ in Sarawak? Will they agree to leave us to read our Al Kitab in
peace?

Sarawakian
voters must also think hard about our position in this federation as we
approach the next state elections and GE14. Sarawakians of all races and
religions have been the greatest supporters of the BN over the past decades but
have not received commensurate support from the BN government. The 10-point
solution offered to us before GE13 is clearly not worth the paper it was
printed on.

This
political decision of the Federal court leaves us with little choice but to
find a political solution to this farcical situation. To my mind, the only solution
is a change of the current Government, which has failed dismally to protect the
rights of Malaysians as enshrined in our Constitution.

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